On the Conditions and Paths for Court's Appling for Filing and Review
In December 2023,the Standing Committee of the National People's Congress passed the Decision on Improving and Strengthening the Filing and Review System,which stipulates that if a court finds that a regulation or judicial interpretation conflicts with the Constitution or laws or has issues of constitutionality and legality in its trial work,it can report to the Supreme People's Court level by level to submit a written review request to the Standing Committee of the National People's Congress.This regulation activates the role of the court in filing and review,and it is necessary to further refine.By referring to Germany's specific review and France's constitutional transfer system,the conditions for Chinese courts to apply for filing and review in the future include:(1)the regulation and judicial in-terpretation are the basis for the judgment of the case;(2)The court suspects that it conflicts with the constitution or laws,or has doubts about its constitutionality and legality;(3)The court must obtain the consent of the judicial committee of this court before an application;(4)The court shall submit an appli-cation in writing with reasons attached.The paths for the court to apply for filing and review include step-by-step reporting and directly submitting review suggestions to the Standing Committee of the Na-tional People's Congress,in order to better realize the role of the court in maintaining the unity of the national legal system.
specific reviewfiling and reviewimportance of judgmentstep-by-step reportingretroactivity
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